H1 B status

R

RK1971

Registered Users (C)
I and my Spouse both are in H1 B with different employers eventhough I came in H4 of my spouse's H1B before getting my individual H1.
1) My Spouse's employer applied for GC and it just entered the Labor stage. I will be entering my 2nd 3rd year period of my H1 soon. What will happen to my H1 when my 6 year period is over before my spouse get the GC? Do I go back to H4 status?
2) How the 6 yr.period calculated in my case? From the date of entry or From the date of H1B approval?


Thanks.
 
I and my Spouse both are in H1 B with different employers even though I came in H4 of my spouse's H1B before getting my individual H1.

----- You came to US on H4 status then changed to H1B status in US
1) My Spouse's employer applied for GC and it just entered the Labor stage.
I will be entering my 2nd 3rd year period of my H1 soon. What will happen to my H1 when my 6-year period is over before my spouses get the GC?
------ Your H1b will not be valid for 6 years time spent on H4 is US is also counted and you will NOT get full 6 years H1 from the date you changed from H4 to H1B your 6 years will be counted from your entry to US on H4. if your spouse LC is pending more than 365 days he becomes eligible for 7th year H1 extension and you can get H4 with him if you also complete your time on H1, remember he only becomes eligible for 7th year H1 extension and NOT you. You need your LC pending more than 365 days to be eligible for 7th year H1 extension. If your spouse LC is approved then he can file I-140, I-485, EAD, AP and you also file derivative I-485 and EAD, AP with his applications and you will get EAD and if YOU are not on H1 then you can use EAD for work
Do I go back to H4 status?
---read above

2) How the 6 yr.period calculated in my case? From the date of entry or From the date of H1B approval?
----date of entry
 
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